January 22, 2009

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The Order also prohibits reliance on any Department of Justice or other legal advice concerning interrogation that was issued between September 11, 2001 and January 20, 2009.

Today's executive orders are after the jump.

Executive Order regarding Guantanamo Bay detainees

Executive Order requires closure of the Guantanamo detention center no later than one year from the date of the Order. Closure of the facility is the ultimate goal but not the first step. The Order establishes a review process with the goal of disposing of the detainees before closing the facility.

The Order sets up an immediate review to determine whether it is possible to transfer detainees to third countries, consistent with national security. If transfer is not approved, a second review will determine whether prosecution is possible and in what forum. The preference is for prosecution in Article III courts or under the Uniform Code of Military Justice (UCMJ), but military commissions, perhaps with revised authorities, would remain an option. If there are detainees who cannot be transferred or prosecuted, the review will examine the lawful options for dealing with them. The Attorney General will coordinate the review and the Secretaries of Defense, State, and Homeland Security as well as the DNI and the Chairman of the Joint Chiefs of Staff will participate.

The Executive Order directs the Secretary of State to seek international cooperation aimed at achieving the transfers of detainees.

The Order directs the Secretary of Defense to halt military commission proceedings pending the results of the review.

Finally, the Executive Order requires that conditions of confinement at Guantanamo, until its closure, comply with Common Article 3 of the Geneva Conventions and all other applicable laws.

Executive Order regarding Detainee Policy

Executive Order creates a Special Task Force, co-chaired by the Attorney General and the Secretary of Defense, to conduct a review of detainee policy going forward. The group will consider policy options for apprehension, detention, trial, transfer, or release of detainees. Other Task Force participants include the Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, the Director of the Central Intelligence Agency, and the Chairman of the Joint Chiefs of Staff. The Special Task Force must submit its report to the President within 180 days.

Executive Order regarding Interrogation

Executive Order revokes Executive Order 13440 that interpreted Common Article 3 of the Geneva Conventions. It requires that all interrogations of detainees in armed conflict, by any government agency, follow the Army Field Manual interrogation guidelines. The Order also prohibits reliance on any Department of Justice or other legal advice concerning interrogation that was issued between September 11, 2001 and January 20, 2009.

The Order requires all departments and agencies to provide the ICRC access to detainees in a manner consistent with Department of Defense regulations and practice. It also orders the CIA to close all existing detention facilities and prohibits it from operating detention facilities in the future.

Finally, the Order creates a Special Task Force with two missions. The Task Force will conduct a review of the Army Field Manual interrogation guidelines to determine whether different or additional guidance is necessary for the CIA. It will also look at rendition and other policies for transferring individuals to third countries to be sure that our policies and practices comply with all obligations and are sufficient to ensure that individuals do not face torture and cruel treatment if transferred. This Task Force will be led by the Attorney General with the Secretary of Defense and the Director of National Intelligence as co-Vice Chairs.

Presidential Memorandum on Review of the Detention of al-Marri

The President instructed the Attorney General, the Secretaries of Defense, State, and Homeland Security, and the Director of National Intelligence to conduct a review of the status of the detainee Ali Saleh Kahlah al-Marri who is currently held at the Naval Brig in Charleston, South Carolina. This will ensure the same kind of legal and factual review is undertaken of the al-Marri case that is being undertaken of the Guantanamo cases.

Ha! I'm pretty sure at this point Bush wishes he never was President. In all my life I've never seen anyone so happy to leave the white house! This indicates there will be an investigation and maybe indictments.

what is scary if we say we can do what stops other countries we are at war with not do the same. Your child could be held also with bull crap lies, with no court or laws to seek the truth for you either. works both ways. No jury no trial ever and excuses to boot.

SCRIBES:
ASK GIBBS WHETHER THE WHOLESALE NSA SPYING ON JOURNALISTS IS PART OF A MUCH BROADER MULTI-AGENCY (ACTION CENTER?) PROGRAM OF 'EXTRAJUDICIAL TARGETING AND PUNISHMENT'...
DONE BY PERVASIVE SURVEILLANCE AND COMMUNITY 'GANG STALKING' BY CITIZEN VIGILANTES AFFILIATED WITH GOVERNMENT COMMUNITY WATCH AND POLICING PROGRAMS AND ANTI-TERRORISM UNITS SUCH AS 'INFRAGARD.'
SEE THE FOLLOWING ARTICLE:
http://my.nowpublic.com/world/plea-obama-ban-extrajudicial-policies-behind-torture
OR http://my.nowpublic.com/scrivener

Just like Georgian--who attack who? They know now the truth has been told. Colleen Powell said the truth--all knew by then the truth. 2,000 innocent civilians were killed in their sleep. Why were we there in the first place China Leader asked? Why? Were all Georgians now-remember?

Thank you Mr. President. Stooping down to Al Quada's level felt dirty, disgusting, unworthy. Your actions have once again elevated us, distinguishing us the civilized people from them the barbarians. There was no difference between us and them up until yesterday. No difference. Next, please end the Iraq fiasco TODAY, and save us $350 MILLION in wasted money there DAILY. We need that money here TODAY. Every day you delay that action it costs the us taxpayer $350 MILLION, not to mention the lost lives and the life long injuries (blinded, paralyzed, maimed, burned and other horrible forms of suffering) Include the life-long costs of the disabilities, and the true cost is much more than $350 MILLION per day. End it TODAY.

re: "But I do worry about the message that is being sent, loud and clear, to those who wish to do this country harm."
Why would you "worry"?
The message we want to send loud and clear is, "Americans aren't afraid to die for our ideals. America does not torture people, and Americans will hold their government accountable for dishonoring her name."
The only thing we have to fear is fear itself.
HOPE-fully, you are not afraid to die for our ideals.
My husband is a combat vet. He doesn't want our government to torture any person captured on the battlefield. The excuses from the Bush administration are nothing but propaganda.

Quote Patti the imbecile.
I say for Obama to let all the terrorists out and just hope for the best. Sounds like a plan right?
Patti you need to go for more treatment! The voices in your head are telling you rubbish again!

Posted By: Patti can n?ot be that stupid | January 22, 2009 at 01:20 PM

One question....who do you people hate more, Bush or the scumbags who want to destroy this country? Oh that's right...you'd rather see Bush in jail than a mad bomber. Now that's CHANGE!!!! Poor misguided pompous characters you are.

Do you not think for one moment our congress does not know what W and Chen. did? They could do nothing. They did all that they wanted and put the people they chose to sign the papers they needed, agree with me or your gone and many resigned also and testify to that truth.

Don't worry Illinois bot, the only message we're sending is that the most powerful nation in the history of the world can defend itself from relatively small groups of murderers while still honoring its principles. That's what real power looks like.

coach 1;29 both for each were no different! for you cannot hold hands and pal around with either. We are accountable for our own sins and God said... he hates liars! God said; he has no favorites all are equal..a liar is a liar and using others as excuse for your own lies does not cut it either.

Can anyone figure out who's loudly whining in the background ("that doesn't make any sense to me!") while Obama talks about/signs the first order? In the video, there's someone in the room being a total ignoring-it whiny b**ch and it sounds a little like Rahm.

Why do we have them in Cuba? Do not allow Cuba anthing right? Americans signed a lease with cuba long before for that land, but Cuba cannot stop them because both sides have to agree to it removing the lease--Whow what a set up you think and for WHO? justice and righteousness only for us not the rest you think?

200 tons of inaugural garbage, millions of gallons of fuel for travel, the carbon footprint of this worship fest for the new white president will increase the temperature of the planet 2 degrees. That's change you can believe in.

I just wanted to type out a letter of concern about my new president. As an American, he is my President, I will not participate in the childish name calling and out and out hatred that the left gave to President Bush. Those people did harm to America. I do worry about the first two days of President Obama, why in the world close Gitmo? What is the plan for those killers? It just invites attacks. If we are attacked anytime soon it will because the President lowered the standards of protection for the Americans that he has sworn (twice now) to protect. I think everyone can easily see that. Gays openly in the military will without doubt enrage radical Islam and cause more attacks. He spoke about the plan for Afghanistan but did not talk about winning. He is pulling out of Iraq without talk of winning, possibly snatching defeat from the jaws of victory. I pray for success but see the tried and true actions of past failures. Thank God for the protection that President Bush gave everyone. Pray for President Obama to be successful.

How are we going to be safer? By sending them back to Iraq and Afghanistan?

All good questions.

You can?t spout rhetoric anymore, and play armchair quarterback.

There weren?t any answers to those questions. All this guy kept saying was the President and his administration are committed to blah blah blah blah, and never gave a substantive answer to ANY of those questions.

Welcome to the show.

Next time, you better have answers before you go out there and blather. Sweet talking repetition of teleprompter rhetoric isn?t gonna get it.

Spam, you are hilarious. I love your style - a secret Obama supporter masquerading as a wingnut. What's not so funny is there really are people in this country who believe the kinda crap you spout in your posts. Fortunately, the future belongs to the young, who can see the world through Barack's eyes.

While Republicans did not agree with the Policy of Carter or Clinton. We did not declare war and try them after there service. Conservatives need to remember how the left treat the people that serve and resond in like when Obama is out. Put him in jail. Nevermind Clinton will just issue a pardon the way he did to other crooks. (and Obama has done to the terriorest in Gitmo.)

Please keep making comments folks. A lot of you are making us understand how Bush managed a 22% approval rating when he left office.
Gitmo is being closed because people are being held there without benefit of the rule of law. We are a nation of laws.
The reason it will take a year to close it is because we have to find a way to integrate the prisoners into our legal system and find housing for them, so that the rule of law can prevail.
I know it's hard for you to stomach the idea that some of the people at Gitmo might actually be guilty of no crimes whatever -- other than their ethnicity/religion, of course -- but then you wouldn't be saying three-quarters of what you've said here if you actually understood anything beyond basic life functions like eating, sleeping and brushing your teeth.

Anti-Spam................................... so they are all just mis-understood? btw, as Obama is stating in his EO, our laws do not apply. Only one was caught in the USA. Any nickel lawyer out there will just state that they were held more that 48 hours without Maranda and they will be set free........ according to your "rule of law"

Does anyone else notice this executive order is sanctioning extraordinary rendition of detainees? It says: "The Order sets up an immediate review to determine whether it is possible to transfer detainees to third countries." Guantanamo closing is a great victory for human rights and for the constitution, but sending detainees to other countries for interrogation with less stringent guidelines than the Obama administration is not much better.

Does the President really have the power to "prohibit reliance on any Department of Justice or other legal advice concerning interrogation..."? If their legal advice was based on law, what is the validity of this new executive order? Doesn't Obama have to prove that their legal advice did NOT have any basis in established law before discarding it as a legal defense in a hypothetical future trial?

Good. Obama should immediately repeal and repudiate all of Bush's executive orders and signing statements, as they are part of what is wrong in our great nation. We must undo the events of the past 8 years in order to reclaim our high standard of integrity in the world.

"Yea! Score one for shoring up American "values" and "international image" and score a minus 10 for American "safety". Headstone to read " died prematurely but well-liked and virtuous, and still dead"." So true. Nothing will change with Barry in office. They already burn his image around the world.

Awesome!! I'm so happy we are rejoining the civilized world. I hope to hell that BushCo left some trace of who forged the Niger "mushroom cloud" doc. I think that will tell us a LOT. I HOPE THE BUSHCO WAR CRIMINALS ARE FREAKED OUT ABOUT IT! The coverup is harder than the crime, after all.

My feeling about the whol Guantanamo detainees, Americans or not, non-combattants or not, caught by mistake or not, should have been coordinated by the International Court, located at The Hague, in the Netherlands! Why Since Bush claimed he had the back up of an international coalition all POW caught, during their phenomenal war games should have been referred to and by the International Court. Why do we have a UN? a Geneva Convention and an International Court? for such conflicts as these. But of Course Bush peripheral vision was just a little too short on that one.... Shoot and answer questions later! and the mess is for someone else to clean up!
That's my take on it!

Holy cow some of you need some therapy and a little more education as well. All Obama has done is reinforced the constitution and the Geneva Conventions you know laws that are on the books. Unlike your buddy Bush, Obama is a constitutional lawyer and professor and has the depth of knowledge to understand that when we break the constitution and laws that we agreed to we are destroying our nation from the inside. Who needs terrorist when your federal government is destroying your nation like Bush did?

Of course the right fails to acknowledge that closing Gitmo does not mean releasing these people. It's just a weak straw man argument they like to float so they have something to argue against.
They also seem to forget that we don't know if those held at Gitmo are even guilty of anything. They have not been formally charged with anything. They are there because our government said they should be there. All any reasonable person would demand is that they be held for good reason and be given access to council. That's all anyone on the left is asking for.
If they are really guilty of something keep them locked up if they aren't let them go but at least allow them the chance to defend themselves.
I don't understand the argument against that. Even the Nazis got a trial.

Just because someone, somewhere, captured a person and labeled him an "Enemy Combatant", that doesn't necessarily mean that the person is automatically an enemy combatant. Many circumstances under which prisoners were taken in Afghanistan and Iraq must have been chaotic. In both cases, I can certainly see how some 19-year-old American solider would have trouble telling the difference between someone who was a terrorist trying to kill Americans and someone who was simply trying to protect his home, family, or village from perceived invaders. It is doubtful that many of the locals fully understand the political dynamics involved in these military actions or are even truly able to recognize and separate the people involved.

So, under those circumstances it is quite possible that someone, maybe a lot of someones, totally innocent of being a terrorist, is captured, labeled as such, shipped halfway around the world and imprisoned indefinitely without the ability to even ask what he has been imprisoned for. I certainly think that every human being deserves the basic right of habeas corpus. I do not want our nation to be some brutal authoritarian regime that does not allow people, any people, to at least know why they are being held and be able to answer the charges. I do understand that there are certain vulnerabilities to our open society. But I absolutely believe that the strength of that freedom and open nature far outweigh any vulnerability.

I am not saying that accused combatants deserve the same rights as American citizens, but I certainly believe that we, as American citizens, deserve to retain all of our own "civil liberties". In addition, we, as a nation and as a people, should stand by basic human rights for all people, including supporting habeas corpus rights and rejecting torture. I believe standing up for these things is part of what makes us a great nation.

None of us wants to stop us from being able to defeat terrorism, but I am absolutely unwilling to sacrifice either our civility or our hard-fought-for American freedoms under the too-often-abused excuse of National Security without serious proof that what the administration is doing is in the interest of the people. The Soviet Union, in its peak of power, didn't have problems with terrorists. Authoritarian regimes never do. But who the hell would want to live in one? Not me. I'd rather live in the greatest, most free nation on earth. And I want to keep it that way. Indeed, if the result of our efforts to fight terrorism destroys our freedom and civilization, then certainly we have lost that "War on Terror".

The old fascist arguments for those who love torture are moot. We will not torture, and this is not some lie like it was with the fascist Heir Bush. No, this is a new day in America where our constitution rules the land and isnt spit on by our leaders.

I am so spiritually upset right now. When Obama decided to fund abortion clinics all I could think of is the word evil. When a doctor sticks a pair of sharp scissors into the brain of an unborn child, so they can then replace the instrument with a suction device that sucks the brain out of a baby, or when a doctor probes to find a body part, (leg, arm, etc.) so they can then start tearing off those parts as part of an abortion, or when a baby survives an abortion attempt only to be sent to a room for soiled linen to die alone, it makes me sick, sad, and very upset. I don't want my tax dollars to go to funding murder. How can Obama say he is a Christian, but then approve of the techniques used to kill an unborn child. To me it is not congruent. The man is pure evil- period.